Read the full judgment text of HCMP 2103/2015 on BabelCite. This Court of First Instance judgment was delivered on 10 February 2017 before Anthony Chan J.
Civil proceedings – stay of execution pending appeal – Charging Order Absolute in HCA 3549/2003 – Unit D on 28th Floor of Block 5, Richland Gardens, Kowloon (New Kowloon Inland Lot No. 5928) – elderly occupier residing at the property for over 30 years – whether stay of execution of Order dated 9 December 2016 should be granted – Order 31, Order 50 rule 9A(1) and Order 88 rule 5A of the Rules of the High Court (Cap 4A) – Plaintiff (Primecredit Limited) sought execution of order obtained in 2003 action – 2nd Defendant applied for stay pending appeal – Plaintiff contended merits of appeal were weak and pointed to unsatisfactory features in Defendants' evidence – Court granted stay on 2nd Defendant's undertaking to prosecute appeal with due diligence – real risk of property being sold before appeal would render appeal nugatory and cause serious injustice to elderly 2nd Defendant – deficiencies in Defendants' evidence did not outweigh concern of potential injustice – 1st Defendant did not appear and was not represented.
Legal issues: Stay of execution pending appeal
Outcome: Stay of execution of the Order dated 9 December 2016 granted, conditional on the 2nd Defendant's undertaking to prosecute the appeal with due diligence.
Cited by 2 cases